
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-310 Section 3201(b)(2)]
[CITE: 42USC290bb-33]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
      SUBCHAPTER III-A--SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES 
                             ADMINISTRATION
 
                      Part B--Centers and Programs
 
              subpart 3--center for mental health services
 
Sec. 290bb-33. Demonstration projects for individuals with 
        positive test results
        

(a) In general

    The Secretary, acting through the Director of the Center for Mental 
Health Services, may make grants to public and nonprofit private 
entities for demonstration projects for the development, establishment, 
or expansion of programs to provide counseling and mental health 
treatment--
        (1) for individuals who experience serious psychological 
    reactions as a result of being informed that the results of testing 
    for the etiologic agent for acquired immune deficiency syndrome 
    indicate that the individuals are infected with such etiologic 
    agent; and
        (2) for the families of such individuals, and for others, who 
    experience serious psychological reactions as a result of being 
    informed of the results of such testing of such individuals.

(b) Preferences in making grants

    In making grants under subsection (a) of this section, the Secretary 
shall give preference to applicants that are based at, or have 
relationships with, entities providing comprehensive health services to 
individuals who are infected with the etiologic agent for acquired 
immune deficiency syndrome.

(c) Requirement of provision of information on prevention

    The Secretary may not make a grant under subsection (a) of this 
section unless the applicant for the grant agrees that counseling 
provided pursuant to such subsection will include counseling relating to 
measures for the prevention of exposure to, and the transmission of, the 
etiologic agent for acquired immune deficiency syndrome.

(d) Authority for training

    A grantee under subsection (a) of this section may expend the grant 
to train individuals to provide the services described in such 
subsection.

(e) Requirement of identification of needs and objectives

    The Secretary may not make a grant under subsection (a) of this 
section unless the applicant for the grant submits to the Secretary--
        (1) information demonstrating that the applicant has, with 
    respect to mental health treatment related to the etiologic agent 
    for acquired immune deficiency syndrome, identified the need for 
    such treatment in the area in which the program will be developed, 
    established, or expanded; and
        (2) a description of--
            (A) the objectives established by the applicant for the 
        conduct of the program; and
            (B) the method the applicant will use to evaluate the 
        activities conducted under the program and to determine the 
        extent to which such objectives have been met.

(f) Requirement of application

    The Secretary may not make a grant under subsection (a) of this 
section unless--
        (1) an application for the grant is submitted to the Secretary;
        (2) with respect to carrying out the purpose for which the grant 
    is to be made, the application provides assurances of compliance 
    satisfactory to the Secretary;
        (3) the application contains the information required to be 
    submitted under subsection (e) of this section; and
        (4) the application otherwise is in such form, is made in such 
    manner, and contains such agreements, assurances, and information as 
    the Secretary determines to be necessary to carry out this section.

(g) Requirement of minimum number of grants for fiscal year 1989

    Subject to the extent of amounts made available in appropriations 
Acts, the Secretary shall, for fiscal year 1989, make not less than 6 
grants under subsection (a) of this section.

(h) Technical assistance and administrative support

    The Secretary, acting through the Director of the National Institute 
of Mental Health, may provide technical assistance and administrative 
support to grantees under subsection (a) of this section.

(i) ``Mental health treatment'' defined

    For purposes of this section, the term ``mental health treatment'' 
means individual, family or group services designed to alleviate 
distress, improve functional ability, or assist in changing 
dysfunctional behavior patterns.

(j) Authorization of appropriations

    For the purpose of carrying out this section, there are authorized 
to be appropriated such sums as may be necessary for each of the fiscal 
years 1989 through 1994.

(July 1, 1944, ch. 373, title V, Sec. 520B, formerly title XXIV, 
Sec. 2441, as added Pub. L. 100-607, title II, Sec. 211, Nov. 4, 1988, 
102 Stat. 3092; renumbered title V, Sec. 520B, and amended Pub. L. 102-
321, title I, Sec. 118(a), (b)(2), July 10, 1992, 106 Stat. 348, 349.)

                          Codification

    Section was formerly classified to section 300dd-41 of this title 
prior to renumbering by Pub. L. 102-321.


                               Amendments

    1992--Subsec. (a). Pub. L. 102-321, Sec. 118(b)(2)(A), inserted ``, 
acting through the Director of the Center for Mental Health Services,'' 
after ``Secretary'' in introductory provisions.
    Subsec. (j). Pub. L. 102-321, Sec. 118(b)(2)(B), substituted 
``1994'' for ``1991''.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-321 effective Oct. 1, 1992, with provision 
for programs providing financial assistance, see section 801(c), (d) of 
Pub. L. 102-321, set out as a note under section 236 of this title.
